according to the orders of the Board of Trustees. Each of said officers to continue in office for one year.

SEC. 6. It shall be the duty of the Treasurer and Clerk to keep a record of the proceedings which properly belong to their respective offices, and each to be allowed a reasonable compensation by the Board of Trustees. And it shall be the duty of the Treasurer to render an account to the said Trustees of all money received and paid out by him, whenever required by them so to do.

SEC. 7. That it shall be the duty of the Trustees to appoint one of their own body to preside at all their meetings, to be styled "President of the Board of Trustees;" and that no money shall be drawn from the Treasury except by order of the President, in pursuance of allowances made by said Board. A majority of the Board shall always constitute a quorum for the transaction of business, and, in the absence of the President, may elect a President for the time being.

1850.

Duty of Clerk and Treasurer.

President to be appointed.

Police Judge, town Marshal

& Market Master; how to be

elected, & term of office.

Polls to be returned to County Court.

SEC. 8. A Police Judge, Town Marshal, and Market Master, shall be elected on the first Monday in April next, by the qualified voters of said town-each to hold their offices for the term of one year, and until their successors are appointed and qualified. And the said officers shall, in like manner, be elected by the qualified voters of said town, annually, at the same time of electing Trustees. The polls of the election of Trustees, Police Judge, Town Marshal, and Market Master, shall be returned to the County Court of Hardin county, at the first term after said election, and the said County Court shall certify the result of the election, so far as the election of Police Judge is concerned, to the Governor of the State, whose duty it shall be to issue a commission for the person elected to the office of lice Judge. Police Judge, and who shall be a judicial officer, to be styled "the Police Judge of the town of Elizabethtown."

SEC. 9. The Police Judge shall, before he enters on the duties of his office, take an oath before some Justice of the Peace, or judicial officer, of Hardin county, to discharge the duties of his said office faithfully and impartially, to the best of his ability, without favor or affection, together with such other oaths as other public officers may be required by law and the constitution to take. The said Police Judge shall have jurisdiction within the limits of said town, and for one mile in every direction from the town boundary, in all cases, civil and criminal, in which Justices of the Peace have jurisdiction, except as a Court of Enquiry in criminal cases, in which he shall have the jurisdiction now given by law to two Justices of the Peace, with powers, in that particular, to the extent of the county; and shall proceed, in like manner, as said two Justices are required to proceed in criminal cases. He shall have jurisdiction of all offences arising under the by-laws of said town, and shall have

Governor to commission Po

To take oath.

1850.

His fees.

shal; liable to be motioned as Sheriff or Constable.

power to enter judgment and award execution accordingly.
He shall have power and authority to grant injunctions or
restraining orders in chancery, writs of ne exeat, and habeas
corpus, under the same rules and regulations prescribed by
the several acts authorizing certain Justices of the County
Courts to grant injunctions, writs of ne exeat, and habeas cor-
pus; and it shall be the duty of said Judge to keep a re-
cord of his proceedings, a copy of which shall be evi-
dence, and shall have the same effect as records of Justices
of the Peace. He shall have power to issue summons for
witnesses to give evidence in cases pending before him, and
upon their failure to attend to issue compulsory process to
compel their attendance, as in cases of attachment for con-
tempt. He shall have power to fine and imprison for con-
tempt: Provided, that said fine shall in no case exceed ten
dollars, nor the imprisonment twelve hours. He shall have
power to order the Marshal to summon a jury in any cause
cognizable before him, when a jury would be required be-
fore a Circuit Court or a justice of the Peace, and to com-
pel their attendance. He shall be a conservator of the
peace, and shall, ex officio, proceed against violators of the
by-laws, without the need of an informer. It shall be law-
ful for said Police Judge to take depositions in the county
of Hardin, and certify the same when they are to be read
as evidence in any cause pending in any Court in this Com-
monwealth. He shall be entitled to the following fees, to-
wit: for a peace warrant, or for a riot, rout, or unlawful
assembly, or breach of the peace, fifty cents; for issuing a
warrant for a violation of the by-laws of said town, or in
any case where the Trustees are plaintiffs, twenty five
cents; issuing a subæna for witness, in any case, twelve
and a half cents; for swearing a jury and presiding
over a trial, in any case except forcible entry and detainer,
fifty cents; for taking recognizance to keep the peace,
upon the application of any person, fifty cents, to be charg-
ed to the applicant; all other fees of said Judge shall be
the same as those allowed to Justices of the Peace for like
services, and to be collected in the same way.

SEC. 10. That upon all judgments rendered by the said
Police Judge, either party shall have the right to appeal
from said judgment, in the same manner that appeals are
taken from judgments of Justices of the Peace in similar

cases.

SEC. 11. That it shall be the duty of the Town Marshal Duty of Mar to attend the sittings of the Court to be held by the Police Judge; to serve all process and precepts, and collect all executions to him directed from the Police Judge, and make due return thereof; in doing which, he may go to any part of the county. He shall collect all taxes of said town, executions, and other demands which may be put into his hands to collect, and account for and pay over the same

1850.

Fees.

Police Judge

may direct process to Consta

to whoever may be entitled thereto, under the same rules and regulations required by law of Sheriffs in the collection of taxes, and of Constables in the collection of executions and other demands; and for a failure to perform any of the duties required of him, he shall be subject to the same proceedings which may be had against Sheriffs and Constables in similar cases. The said Marshal shall be entitled to the same fees for collecting the town tax, that Sheriffs are entitled to for collecting the county levy; and in all other cases the same fees allowed Constables for similar services: Provided, however, that said Police Judge shall have power and authority to direct his process to be executed by any Constable of the county: And, provided further, ble. that said Marshal shall be invested with all power and authority which is given to Constables in all cases cognizable before said Police Judge. And before the said Town Marshal shall proceed to the execution of the duties of his office, he shall take and oath before the Board of Trustees, to be administered by the President or Clerk of the Board, give bond. that he will faithfully and impartially execute the duties of his office, without fear, favor or affection; and shall, also, give bond, with good security, to be approved of by the Board, in such penalty as the Board may fix, conditioned for the faithful discharge of the duties of his office, and, upon which, he may be liable to motion before the Police Judge, or to motion or suit in any Court of said county having jurisdiction, in similar cases, on bonds of Constables, for failure to discharge any duty or to pay over any taxes or money which ought to have been collected by him. SEC. 12. That all fines and forfeitures for a violation of the ordinances of said town, in all cases cognizable before said Police Judge, shall be collected and paid to the Treasurer of the Board of Trustees for the use and benefit of said town, any law to the contrary notwithstanding.

SEC. 13. That all contracts entered into by, or with, the former Trustees of Elizabethtown, shall be obligatory on the Trustees to be elected under this act.

SEC. 14. That the first election to be held under this act shall be held by the Sheriff of Hardin county, or one of his deputies. In case of their absence, then by the Clerk of the Hardin County Court, or one of his deputies. But that all subsequent elections, shall be held by the Clerk of the Board of Trustees. In case of his absence or death, then by the Sheriff of the county or Clerk of the County Court as above named.

SEC. 15. Be it further enacted, That all acts or parts of acts coming in conflict with the provisions of this act, shall be and the same are hereby repealed.

Approved February 2, 1850.

to

Marshal take oath and

Liable to mo

tion on suit.

Fines for violation of town

ordinances to be Povera to ter

town Treasurer.

Elections, by whom to be held.

clause.

Repealing

1850.

Names of chil dren changed,

and they are legitimatized.

CHAPTER 94.

AN ACT for the benefit of John J. Chittenden, of Boone county.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky, That the names of Thomas Johnson Raw-
lings and James Willis Rawlings, children of Ellen Chit-
tenden, formerly Ellen Rawlings, be and they are hereby
changed to Thomas Johnson Chittenden and James Wil-
lis Chittenden, and that they be made capable of inherit-
ing the estate of John J. Chittenden, as though they had
been born in lawful wedlock.

Approved February 2, 1850.

CHAPTER 95.

AN ACT to amend the act, entitled, an act in relation to the Frankfort and
Paris Fire Companies.

SEC. 1. Be it enacted by the General Assembly of the Com-
monwealth of Kentucky, That the first section of the act,
entitled, "an act in relation to the Frankfort and Paris
Fire Companies," approved February 22d, 1839, be and
the same is hereby amended, so as to allow ten additional
members to said Frankfort Fire Company. And said Com-
pany shall have the power to establish, from the members
now belonging to it, or shall hereafter be attached to it, a
hook and ladder department, or company, to act under the
direction of said company.

SEC. 2. Be it further enacted, That said Frankfort Fire Company shall hereafter be called and known by the name of the "Water Witch Company, Number One."

Approved February 2, 1850.

CHAPTER 96.

AN ACT for the benefit of the Sheriffs of Calloway and Fayette counties.
Be it enacted by the General Assembly of the Commonwealth
of Kentucky, That the Sheriffs of Calloway and Fayette
counties be and they are hereby respectively allowed until
the first day of May next, to pay into the Public Treasury
the balance of the revenue tax due by them respectively for
the year eighteen hundred and forty nine: Provided, that
the sureties of said Sheriffs shall, on or before the seventh
day of February next, file in the Clerks offices of their re-
spective County Courts their assent, in writing, to the in-
dulgence hereby granted.

Approved February 7, 1850.

CHAPTER 97.

AN ACT to incorporate the German Benevolent Society of Newport. SEC. 1. Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Daniel Wolff, Adam Skeiner, Jacob Gugel, John B. Weythinan, Charles Henn, L. Doy, and D. Otton, and their associates, of the city of Newport, in Campbell county, Kentucky, and their regular successors, are hereby created a body politic and corporate, by the name and style of the German Benevolent Society of Newport, Kentucky; and by that name are hereby vested with full power and authority to acquire, hold, use, and enjoy, real and personal estate to the amount of thirty thousand dollars, and to sell and convey, or otherwise dispose of the same, under such by-laws, rules, and regulations, as may be by them adopted: Provided, that such by-laws, rules, and regulations, be not contrary to the Constitution of this State, or of the United States; and said corporation, by the name aforesaid, shall be competent to contract and be contracted with, to sue and be sued, plead and be impleaded, answer and be answered, defend and be defended, in all courts and places whatsoever; and to have and use a common seal, and the same to alter at their pleasure. That the powers hereby granted shall not be used in banking, insuring property, or doing any thing not expressly granted by the provisions of this act.

SEC. 2. That the right of any future Legislature to alter, amend, or repeal this act is hereby reserved.

SEC. 3. That this act shall become inoperative and void if the members shall, at any time, neglect, for the space of five years, to use the same for the purposes herein contemplated.

1850.

Approved February 8, 1850.

CHAPTER 98.

AN ACT for the benefit of Mary Ann Jenkins.

Be it enacted by the General Assembly of the Commonwealth of Kentucky, That Mary Ann Jenkins, one of the heirs of William Headley, deceased, late of Fayette county, is relieved from the disabilities of minority, so far as to enable her, in conjunction with her husband, to sell and convey all her rights, title, and interest, in the estate of said William Headley; which, when done, shall be as valid and binding as if she was of full age.

Approved February 8, 1850.